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(영문) 대전지방법원 2020.01.16 2018가단19054
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company engaged in meat wholesale business.

The defendant's audit C is the wife of representative director D, in-house director E, D, C's son, in-house director F is the employee of the defendant company.

B. On October 29, 2007, the Defendant acquired at a voluntary auction Mdong, Ndong, Odong, Pdong, Qdong, and Rdong buildings located in Daejeon-gu Daejeon, H, I, J, K, K, and L.

C. The defendant Na

T on January 7, 2008, in which part of the above building was leased after the acquisition of the building as stated in the port, and the part leased by T on January 7, 2008 (hereinafter “instant commercial building”) was prepared with the lease deposit of KRW 150 million, KRW 150 million, KRW 1500,000,000, KRW 1500,000,000,000, and from January 4, 2018, and the lease deposit was paid around that time.

On May 1, 2012, the Defendant drafted a lease contract with respect to T and the instant commercial building as KRW 200 million, KRW 1.5 million per month, and KRW 1.5 million per month from May 1, 2012 (hereinafter “instant lease contract”), from May 1, 2012, and received KRW 50 million as part of the said lease deposit from T to the account in the name of Defendant representative director D on May 31, 2012.

E. On August 17, 2018, based on the executory payment order (principal principal 144,405,146 won and damages for delay thereof) in the claim for the purchase of goods against T, the Plaintiff received the seizure and collection order (hereinafter “the seizure and collection order of this case”) against T, with respect to “the amount claimed as KRW 137,481,988 from the court 2018 to the Defendant of T, with the amount claimed as KRW 137,483, the amount claimed as KRW 137,488, out of the deposit deposit for the return of the lease deposit for the commercial building of this case, the Plaintiff received the seizure and collection order (hereinafter “the seizure and collection order of this case”) from the Defendant on August 22, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 7 through 9, the purport of the whole pleadings

2. The above facts of recognition are examined.

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